Texas Criminal Law Questions & Answers
Q: My ex and his girlfriend put stalking charges on me and now I have a warrant for my arrest in Texas
Kiele Linroth Pace's answer
In Texas, it is possible to commit the felony offense of Stalking if, ON MORE THAN ONE OCCASION, you:
1. Send a message containing an obscene comment, request, suggestion, or proposal that is intended to harass, annoy, alarm, abuse, torment, or embarrass someone.
2. Send a message containing a threat to hurt someone or to illegally damage someone's property.
3. Send a message containing a false report that someone has died or been seriously injured in a manner...
In Texas, it is possible to commit the felony offense of Stalking if, ON MORE THAN ONE OCCASION, you:
1. Send a message containing an obscene comment, request, suggestion, or proposal that is intended to harass, annoy, alarm, abuse, torment, or embarrass someone.
2. Send a message containing a threat to hurt someone or to illegally damage someone's property.
3. Send a message containing a false report that someone has died or been seriously injured in a manner...
Q: Can a police Officer make report and file charges without talking the accused?
Kiele Linroth Pace's answer
A peace officer can develop probable cause for arrest without communicating with the suspect.
In some jurisdictions the officer's affidavit in support of the warrant is publicly available in the clerk's office not long after the warrant is signed. However, state law only requires it to be public after the arrest.
A peace officer can develop probable cause for arrest without communicating with the suspect.
In some jurisdictions the officer's affidavit in support of the warrant is publicly available in the clerk's office not long after the warrant is signed. However, state law only requires it to be public after the arrest.
Q: Is there a statute of limitations on a stalking warrant?
Kiele Linroth Pace's answer
No, a felony arrest warrant issued by a Texas court doesn't automatically expire or become invalid after a fixed period of time.
The statute of limitations is a deadline for formal charges. In the case of Stalking, a Texas Grand Jury must indict the case within three years from the last incident.
No, a felony arrest warrant issued by a Texas court doesn't automatically expire or become invalid after a fixed period of time.
The statute of limitations is a deadline for formal charges. In the case of Stalking, a Texas Grand Jury must indict the case within three years from the last incident.
Q: when is it possible to get a restraining order?
Kiele Linroth Pace's answer
A restraining order may be issued in a civil case, but it expires when the case ends. For example, in a divorce case, a judge may order both people not to sell off assets that they own jointly until a fair division is decided by the court.
A lot of people use the term "restraining order" when they mean Protective Order. You can apply for a Family Violence Protective Order against a former dating partner when you were the victim of domestic violence and there is a real risk that you...
A restraining order may be issued in a civil case, but it expires when the case ends. For example, in a divorce case, a judge may order both people not to sell off assets that they own jointly until a fair division is decided by the court.
A lot of people use the term "restraining order" when they mean Protective Order. You can apply for a Family Violence Protective Order against a former dating partner when you were the victim of domestic violence and there is a real risk that you...
Q: Ex gf relatives blocked smashed my rear driver side passenger window while I was in the vehicle can I press charges?
Kiele Linroth Pace's answer
You could contact law enforcement, report the crime, and ask them to investigate. They will decide whether or not to pursue criminal charges. If law enforcement decides initiate a case, it will be "The State of Texas vs. Defendant" rather than "Alleged Victim vs. Defendant."
In a criminal case, the term "pressing charges" basically means the alleged victim's decision to cooperate with the investigators and prosecutors.
You could contact law enforcement, report the crime, and ask them to investigate. They will decide whether or not to pursue criminal charges. If law enforcement decides initiate a case, it will be "The State of Texas vs. Defendant" rather than "Alleged Victim vs. Defendant."
In a criminal case, the term "pressing charges" basically means the alleged victim's decision to cooperate with the investigators and prosecutors.
Q: Texas drug possession laws. Are both people required by law to be brought before grand jury and both stand trial?
Grant St Julian III's answer
It is within the discretion of the District Attorney regarding who to charge and what charges to present to a Grand Jury.
It is within the discretion of the District Attorney regarding who to charge and what charges to present to a Grand Jury.
Q: If a federal judge deny a complaint based on prejudice, can he or she be sued?
2 Answers
| Asked
in
Criminal Law, Federal Crimes, Personal Injury and White Collar Crime
for
Texas
on
Answered on Mar 26, 2019
Answered on Mar 26, 2019
Roy Lee Warren's answer
Yes they can be sued but your case would be quickly dismissed unless you can prove some egregious error because the judge has good faith immunity that is very difficult to overcome. Seldom is a suit against a federal judge successful.
Yes they can be sued but your case would be quickly dismissed unless you can prove some egregious error because the judge has good faith immunity that is very difficult to overcome. Seldom is a suit against a federal judge successful.
Q: What can i do about my ex-boyfriend,now roomate recording me and making me work for him and do without everything?
1 Answer
| Asked
in
Criminal Law, Civil Rights, Domestic Violence and Identity Theft
for
Texas
on
Answered on Mar 25, 2019
Answered on Mar 25, 2019
Q: What are the consequences of breaking Into a coin Operated machine car wash
Grant St Julian III's answer
Texas Penal Code:
Sec. 30.03. BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINES. (a) A person commits an offense if, without the effective consent of the owner, he breaks or enters into any coin-operated machine, coin collection machine, or other coin-operated or coin collection receptacle, contrivance, apparatus, or equipment used for the purpose of providing lawful amusement, sales of goods, services, or other valuable things, or telecommunications with intent to obtain...
Texas Penal Code:
Sec. 30.03. BURGLARY OF COIN-OPERATED OR COIN COLLECTION MACHINES. (a) A person commits an offense if, without the effective consent of the owner, he breaks or enters into any coin-operated machine, coin collection machine, or other coin-operated or coin collection receptacle, contrivance, apparatus, or equipment used for the purpose of providing lawful amusement, sales of goods, services, or other valuable things, or telecommunications with intent to obtain...
Q: How long does a United States Attorney have to file federal charges or indict a person in their custody?
Grant St Julian III's answer
The Government has until the statute of limitation has expired for a particular offense to file the charging instrument with the Court.
The Government has until the statute of limitation has expired for a particular offense to file the charging instrument with the Court.
Q: I’m being charged with agg sexual assault of a child, Can I get a copy of her statement she wrote without an attorney?
Herman Martinez's answer
Most Texas Distict Attorney offices would not allow to happen. Perhaps, your county is different.
Most Texas Distict Attorney offices would not allow to happen. Perhaps, your county is different.
Q: if im charged with a felony fraud less then 5, does it get dismissed if the one who filed the charge is dead?
2 Answers
| Asked
in
Criminal Law, Federal Crimes and Identity Theft
for
Texas
on
Answered on Mar 24, 2019
Answered on Mar 24, 2019
Kiele Linroth Pace's answer
Any crime could prosecuted with a dead alleged victim; not just crimes like murder and manslaughter.
The case will continue unless the prosecutor decides to seek a dismissal. That said, it is certainly possible that the prosecutor's interest in the case may decline with the death of the alleged victim or a key witness. Talk to your criminal defense attorney about this issue.
Any crime could prosecuted with a dead alleged victim; not just crimes like murder and manslaughter.
The case will continue unless the prosecutor decides to seek a dismissal. That said, it is certainly possible that the prosecutor's interest in the case may decline with the death of the alleged victim or a key witness. Talk to your criminal defense attorney about this issue.
Q: Is it against the law in Texas to board a school bus with the intent to threaten the driver?
Kiele Linroth Pace's answer
Under some circumstances a threat to physically hurt someone can be a crime. Read this page for details:
https://www.pacefirm.com/faq/assault-by-threat.html
Under other circumstances the parent might be legally justified in using force against a driver attempting to take a child over the parent's objection. There is no one-size-fits-all rule here because small changes in the fact scenario can lead to big changes in the result.
Under some circumstances a threat to physically hurt someone can be a crime. Read this page for details:
https://www.pacefirm.com/faq/assault-by-threat.html
Under other circumstances the parent might be legally justified in using force against a driver attempting to take a child over the parent's objection. There is no one-size-fits-all rule here because small changes in the fact scenario can lead to big changes in the result.
Q: There's no rent agreement and we pay no rent, I'm dealing with a jealous mother in law. That's trying to evict me
1 Answer
| Asked
in
Criminal Law, Family Law, Civil Rights and Landlord - Tenant
for
Texas
on
Answered on Mar 22, 2019
Answered on Mar 22, 2019
Kiele Linroth Pace's answer
Yes, the owner can evict you if she follows the proper legal procedure. There are also legal steps you can take that will delay the actual eviction date... but this type of litigation will not be good for family relationships.
Consult an attorney who focuses on "Landlord-Tenant" law.
Yes, the owner can evict you if she follows the proper legal procedure. There are also legal steps you can take that will delay the actual eviction date... but this type of litigation will not be good for family relationships.
Consult an attorney who focuses on "Landlord-Tenant" law.
Q: I was arrested on a warrant that was refused by the DA and was to be recalled by the issuing JP. Do I have any recourse?
1 Answer
| Asked
in
Criminal Law, Civil Litigation and Civil Rights
for
Texas
on
Answered on Mar 20, 2019
Answered on Mar 20, 2019
Kiele Linroth Pace's answer
Talk to a civil rights attorney that handles "Section 1983" lawsuits against the police.
It sounds like Cedar Park just arrested on a warrant they found in the system, which is what the are supposed to do. The responsibility of recalling the warrant should have fallen to someone in the Grimes County.
The cops generally have "sovereign immunity" in situations where they simply make mistakes, which means you can't sue them for money. However, they can be liable if they...
Talk to a civil rights attorney that handles "Section 1983" lawsuits against the police.
It sounds like Cedar Park just arrested on a warrant they found in the system, which is what the are supposed to do. The responsibility of recalling the warrant should have fallen to someone in the Grimes County.
The cops generally have "sovereign immunity" in situations where they simply make mistakes, which means you can't sue them for money. However, they can be liable if they...
Q: Question about the report made on an arrest about 1 week
Kiele Linroth Pace's answer
In many situations is it NOT in the defendant's best interest to rush a case to trial. For example, if the officer is poorly trained or otherwise prone to mistakes, then your defense attorney may need time to investigate the quality of the officer's work. There may be valid reasons to question the officer's reliability and credibility as a witness that won't be discovered if you rush.
Talk to your criminal defense attorney about the pros and cons of invoking your right to a Speedy...
In many situations is it NOT in the defendant's best interest to rush a case to trial. For example, if the officer is poorly trained or otherwise prone to mistakes, then your defense attorney may need time to investigate the quality of the officer's work. There may be valid reasons to question the officer's reliability and credibility as a witness that won't be discovered if you rush.
Talk to your criminal defense attorney about the pros and cons of invoking your right to a Speedy...
Q: my son been arrested over a year ago for child molestation of his step daughter. Mother wish to drop all charges.
Kiele Linroth Pace's answer
Relying on a court-appointed attorney is like playing Russian Roulette with your future... except with more than one bullet. That said, a cheap attorney won't be much better, and could even be worse. Expect a proper defense to cost at least as much as a new car.
Relying on a court-appointed attorney is like playing Russian Roulette with your future... except with more than one bullet. That said, a cheap attorney won't be much better, and could even be worse. Expect a proper defense to cost at least as much as a new car.
Q: i need help I was arrested for posession state jail time and they have seized my truck
Kiele Linroth Pace's answer
You need to hire a local criminal defense attorney. Choose someone that takes drug cases.
You need to hire a local criminal defense attorney. Choose someone that takes drug cases.
Q: Will I get charged if I want to change my statement in a DV case if I was the aggressor?
Kiele Linroth Pace's answer
The two most obvious charges you could face in this type of situation are "Assault" and "False Report to a Peace Officer." However, just because they could charge you doesn't mean they will. They might not even believe your new statement. It will, however, increase the defendant's chances to win with a self defense justification.
The two most obvious charges you could face in this type of situation are "Assault" and "False Report to a Peace Officer." However, just because they could charge you doesn't mean they will. They might not even believe your new statement. It will, however, increase the defendant's chances to win with a self defense justification.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
